Walter L. Stone, Individually, and as Natural Guardian of S.P.S., a Minor v. Georgene Wall, Gina Wall Masterson, Brock Green

Eleventh Circuit

Walter L. Stone, Individually, and as Natural Guardian of S.P.S., a Minor v. Georgene Wall, Gina Wall Masterson, Brock Green

188 F.3d 1293, 1999 U.S. App. LEXIS 22416, 1999 WL 721792

Court of Appeals for the Eleventh Circuit·Decided September 16, 1999·No. 96-4884·Published·Cited by 1 cases

Opinion

PER CURIAM:

In this diversity suit, plaintiffs asserted a common law action for interference with a parent/child relationship or abduction. The United States District Court for the Southern District of Florida dismissed the claim pursuant to Fed. R. Civ. Pro. 12(b)(6), concluding that Florida recognized no claim for which relief could be granted on those grounds. We certified the question to the Supreme Court of Florida, see Stone v. Wall, 135 F.3d 1438, 1443 (11th Cir.1998), and asked:

Whether a cause of action exists for interference with the parent/child relationship where a third party (that is, a nonparent who has no custody rights over that child) intentionally abducts a minor child from a parent legally entitled to the child’s custody?

The Supreme Court of Florida has answered “Yes.” See Stone v. Wall, 734 So.2d 1038 (Fla.1999). Therefore, we VACATE the district court decision, dismissing this case for failure to state a claim upon which relief could be granted, and REMAND for further proceedings.

VACATED AND REMANDED.

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PER CURIAM:

In this diversity suit, plaintiffs asserted a common law action for interference with a parent/child relationship or abduction. The United States District Court for the Southern District of Florida dismissed the claim pursuant to Fed. R. Civ. Pro. 12(b)(6), concluding that Florida recognized no claim for which relief could be granted on those grounds. We certified the question to the Supreme Court of Florida, see Stone v. Wall, 135 F.3d 1438, 1443 (11th Cir.1998), and asked:

Whether a cause of action exists for interference with the parent/child relationship where a third party (that is, a nonparent who has no custody rights over that child) intentionally abducts a minor child from a parent legally entitled to the child’s custody?

The Supreme Court of Florida has answered “Yes.” See Stone v. Wall, 734 So.2d 1038 (Fla.1999). Therefore, we VACATE the district court decision, dismissing this case for failure to state a claim upon which relief could be granted, and REMAND for further proceedings.

VACATED AND REMANDED.

Walter L. Stone, Individually, and as Natural Guardian of S.P.S., a Minor v. Georgene Wall, Gina Wall Masterson, Brock Green, 188 F.3d 1293, 1999 U.S. App. LEXIS 22416, 1999 WL 721792 (11th Cir. 1999).

Pincite

188 F.3d 1293 (Walter L. Stone, Individually, and as Natural Guardian of S.P.S., a Minor v. Georgene Wall, Gina Wall Masterson, Brock Green) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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